The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to discharge of wastewater and illegal construction on the buffer zone of the Ameenpur Lake in Hyderabad.
The Petition is registered suo-moto on the basis of the news item dated 09.05.2024.
As per the article, a real estate company has illegally started construction and excavation in land of Ameenpur Village that fall under the FTL/Buffer zone and downstream of the Ameenpur Lake.
It also states that industrial wastewater from industries and domestic wastewater is being released into the lake resulting in huge chemical pollution and causing death of fish in the lake.
The news item states that Ameenpur Lake in Sangareddy District was declared a ‘Biodiversity Heritage Site’ in November 2016 by The Ministry of Environment under the Biological Diversity Act 2002, because of the large number of migratory birds that thrive there.
The news item alleges that upon the verification of a few survey numbers, it was found that on the Dharani portal have been marked as government assigned land. However, the details show it as Patta land which requires a detailed inspection of all survey numbers. However, it is alleged that in the village map, it can be clearly seen that the said numbers fall under the buffer zone/water body/downstream of Pedda Cheruvu.
The news item further states that since the land is in conservation zone, it cannot be used for any other purpose as per law. Due to seven outflow channels being closed, the inflow from domestic drainage and industrial waste into the Biodiversity Lake has been flowing through Patta lands causing serious damage to the public and personal properties.
It further alleges that the village map, the public’s memories of the lake, and past Google Earth images clearly show the irreversible damage done to the lake. Ameenpur Lake is the first water body in India to be recognized as a Biodiversity heritage Site and it is the first biodiversity site to be approved in an urban area.
It states that the HDMA has allegedly converted the buffer zone and Kingfisher Lake area attached to the Ameenpur Lake into a residential zone by colluding with the real state mafia. The real estate company has completely filled the lake by carrying out construction activity in the buffer zone, by closing the irrigation outflow channels and is planning to lay a 100 ft road on top of the Tank Bund area and outflow channels.
The news item raises the question – How can the government allow 39 floors with four cellars and 10 towers on the lake’s buffer zone/water body?
The news item alleges that no action has been taken against the real estate company that had already sold flats in the name of the prelaunch offer, a clear violation of the RERA Act. Also, the company has been carrying out construction without obtaining necessary permissions from the competent authorities except for an irrigation NOC.
The above news item indicated Bench violation of the Water (Prevention and Control of Pollution) Act, 1974; Biodiversity Act, 2002 and the Environment Protection Act, 1986.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
i. Central Pollution Control Board .
ii. Telangana State Pollution Control Board .
iii. Ministry of Environment and Forest.
iv. Telangana Wetland Authority Deptt. of Forests, Govt of Telangana .
v. District Magistrate, Hyderabad .
The Bench issued notice to the Respondents.
Since the matter relates to the Southern Zonal Bench, Chennai , therefore, the Bench transferred the matter to the Southern Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 11.09.2024.